Arizona Firearm Offenses Explained
Understanding ARS 13-3102 & 13-2904 in Yavapai County

Arizona is famously firearm-friendly: any law-abiding citizen age 21 or older may carry a handgun—openly or concealed—without a permit. But that freedom comes with strict responsibilities. Violations of state weapons laws can turn a legally carried gun into a serious criminal charge, often with mandatory prison time.

ARS 13-3102 : Misconduct Involving Weapons

Arizona Revised Statute 13-3102 lists 16 separate ways a person can commit “misconduct involving weapons.” Some of the most common include:

• Carrying a concealed firearm in furtherance of a serious offense, violent crime, or felony.
• Failing to answer truthfully when a peace officer asks whether you are armed.
• Possessing a firearm as a “prohibited possessor” (e.g., a convicted felon or subject of certain protective orders).
• Selling or transferring a firearm to a prohibited possessor.
• Defacing a firearm—or knowingly possessing a defaced weapon (serial number removed).
• Discharging a firearm to benefit or further the interests of a criminal street gang.

Penalties: Most violations are felonies. Even first-time offenders risk prison, steep fines, and lifetime loss of gun rights. Some exceptions apply—for instance, if the firearm is carried openly and visible, or if the person is on their own property.

ARS 13-2904 : Disorderly Conduct with a Firearm

Under ARS 13-2904, intentionally disturbing the peace can be charged as a misdemeanor—but add a gun and it becomes a Class 6 felony. Examples include:

• Recklessly brandishing a handgun during an argument.
• Firing celebratory shots on New Year’s Eve or the 4th of July.

If designated a “dangerous offense,” the court must impose 1.5 – 3 years in prison for a first conviction—no probation.

Common Defenses to Firearm Charges

• Lawful possession & carry (open, visible, or otherwise permitted under constitutional carry).
• Lack of criminal intent—no knowledge of the weapon or no intent to conceal.
• Prohibited-possessor mistake (e.g., rights were actually restored).
• Fourth-Amendment violations—illegal stop, search, or seizure.
• Invalid or defective warrant.
• Forensic or ballistic errors.

Arrested in Prescott or Yavapai County? Act Fast.

Weapons allegations move quickly—often with restrictive release conditions and aggressive prosecution. Having local counsel at the first appearance can reduce bond, challenge “dangerousness” designations, or negotiate alternatives to prison.

Ted Law brings decades of criminal-defense experience to Prescott gun cases. We know the local judges, prosecutors, and Yavapai County juries—and we know how to protect your Second-Amendment rights.

Call (928) 776-1782 or contact us online for a free confidential consultation. We’re available 24/7 for emergency calls after an arrest.